HOUSE BILL 25-1041
BY REPRESENTATIVE(S) Smith, Bird, Duran, McCormick, Valdez, Zokaie;
also SENATOR(S) Coleman and Amabile, Snyder
.
C
ONCERNING MEASURES TO SUPPORT A STUDENT ATHLETE IN THE USE OF
THEIR NAME
, IMAGE, OR LIKENESS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 23-16-301, amend
(1)(g), (2)(a), and (2)(c); repeal (1)(f) and (3); and add (2)(c.5) and (7) as
follows:
23-16-301. Compensation and representation of student athletes
- prohibited acts - contracts - report - definitions. (1) As used in this part
3, unless the context otherwise requires:
(f) "Student" means an individual who is enrolled at an institution.
(g) "Student athlete" means a student who competes in
intercollegiate athletics for an institution at which the student is enrolled AN
INDIVIDUAL WHO ENGAGES IN OR IS ELIGIBLE TO ENGAGE IN AN
INTERCOLLEGIATE SPORT FOR AN INSTITUTION
. "STUDENT ATHLETE" DOES
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. NOT MEAN AN INDIVIDUAL WHO ENGAGES IN A HIGH SCHOOL SPORT .
(2) (a) Except as may be required by the rules or requirements of an
athletic association of which an institution is a member, an institution shall
not uphold any rule, requirement, standard, or other limitation that prevents
a student athlete of the institution
from earning compensation from the use
of the student athlete's name, image, or likeness. A student athlete's earning
of such compensation does not affect the student athlete's scholarship
eligibility.
(c) Neither an institution nor an athletic association shall:
(I) Provide compensation to a current or prospective student athlete;
(II) Provide remuneration to a prospective student athlete for the
prospective student athlete's athletic ability or performance or potential
athletic ability or performance; or
(III) Prevent a student athlete from obtaining professional
representation in relation to contracts or legal matters, including
representation provided by an athlete advisor and legal representation
provided by an attorney. AN INSTITUTION OR A COLLEGIATE ATHLETIC
ASSOCIATION SHALL NOT PREVENT A STUDENT ATHLETE FROM OBTAINING
PROFESSIONAL REPRESENTATION IN RELATION TO CONTRACTS OR LEGAL
MATTERS
, INCLUDING REPRESENTATION PROVIDED BY AN ATHLETE ADVISOR
AND LEGAL REPRESENTATION PROVIDED BY AN ATTORNEY
. AN INDIVIDUAL
WHO IS UNDER EIGHTEEN YEARS OF AGE MUST BE REPRESENTED IN ANY
NEGOTIATION BY A PARENT OR GUARDIAN
. THE INDIVIDUAL AND THEIR
PARENT OR GUARDIAN MAY ALSO BE REPRESENTED BY AN ATTORNEY OR
OTHER COMPETENT REPRESENTATIVE
.
(c.5) A
N INSTITUTION OR A COLLEGIATE ATHLETIC ASSOCIATION MAY
PROVIDE COMPENSATION TO A STUDENT ATHLETE FOR THE USE OF THE
STUDENT ATHLETE
'S NAME, IMAGE, OR LIKENESS.
(3) (a) A student athlete shall not enter into a contract providing
compensation to the student athlete if the contract conflicts with a team
contract of the team for which the student athlete competes.
(b) A student athlete who enters into a contract providing
PAGE 2-HOUSE BILL 25-1041 compensation to the student athlete in exchange for the use of the student
athlete's name, image, or likeness shall disclose the contract to the athletic
director of the student athlete's institution within seventy-two hours after the
student athlete enters into the contract or before the next scheduled athletic
event in which the student athlete may participate, whichever occurs first,
as supported by the institution's policy.
(c) An institution asserting a conflict described in subsection (3)(a)
of this section shall disclose to the student athlete or to the student athlete's
professional or legal representation the relevant contractual provisions that
are in conflict.
(d) A team contract of an institution's athletic program entered into,
modified, or renewed on or after January 1, 2023, may not prohibit a student
athlete from using the student athlete's name, image, or likeness for a
commercial purpose when the student athlete is not engaged in official team
activities.
(7) (a) ON OR BEFORE JANUARY 15, 2026, AND ON OR BEFORE EACH
JANUARY 15 THEREAFTER, EACH INSTITUTION SHALL SUBMIT TO THE
DEPARTMENT OF HIGHER EDUCATION A COPY OF THE ANNUAL REPORT THAT
EACH INSTITUTION IS REQUIRED TO ANNUALLY SUBMIT TO THE
ORGANIZATION WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETICS
,
CONSISTENT WITH THE REPORTING REQUIREMENTS ADOPTED BY THE
ORGANIZATION WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETICS
. THE
DATA IN THE REPORT INCLUDES GENDER
- AND SPORT-BASED SPENDING IN
AREAS INCLUDING BUDGETS
, SALARIES, PARTICIPATION, FINANCIAL AID, AND,
IF OR WHEN REQUIRED, REVENUE SHARING PAYMENTS .
(b) T
HE DEPARTMENT OF HIGHER EDUCATION SHALL PUBLISH AND
MAINTAIN THE REPORTS THAT IT RECEIVES PURSUANT TO THIS SUBSECTION
(7) ON ITS PUBLIC WEBSITE.
SECTION 2. In Colorado Revised Statutes, 24-72-204, add
(3)(a)(XXV) as follows:
24-72-204. Allowance or denial of inspection - grounds -
procedure - appeal - definitions - repeal. (3) (a) The custodian shall deny
the right of inspection of the following records, unless otherwise provided
by law; except that the custodian shall make any of the following records,
PAGE 3-HOUSE BILL 25-1041 other than letters of reference concerning employment, licensing, or
issuance of permits, available to the person in interest in accordance with
this subsection (3):
(XXV) (A) P
ERSONALLY IDENTIFIABLE INFORMATION THAT IS
CONTAINED WITHIN AN AGREEMENT OR A CONTRACT CONCERNING A
STUDENT ATHLETE
'S OR A PROSPECTIVE STUDENT ATHLETE'S NAME, IMAGE,
OR LIKENESS, OR ANY COMMUNICATION OR MATERIAL RELATED TO AN
AGREEMENT OR A CONTRACT CONCERNING A STUDENT ATHLETE
'S OR A
PROSPECTIVE STUDENT ATHLETE
'S NAME, IMAGE, OR LIKENESS.
(B) A
S USED IN THIS SUBSECTION (3)(a)(XXV), "PERSONALLY
IDENTIFIABLE INFORMATION
" MEANS INFORMATION THAT COULD
REASONABLY BE USED TO IDENTIFY AN INDIVIDUAL
, INCLUDING FIRST AND
LAST NAME
; RESIDENCE OR OTHER PHYSICAL ADDRESS ; EMAIL ADDRESS;
TELEPHONE NUMBER ; BIRTH DATE; LICENSE FEE PAID TO THE STUDENT
ATHLETE OR PROSPECTIVE STUDENT ATHLETE FOR THE USE OF THEIR NAME
,
IMAGE, OR LIKENESS; CREDIT CARD INFORMATION ; OR SOCIAL SECURITY
NUMBER
.
(C) A
S USED IN THIS SUBSECTION (3)(a)(XXV), "STUDENT ATHLETE"
HAS THE SAME MEANING AS SET FORTH IN SECTION 23-16-301.
SECTION 3. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 4-HOUSE BILL 25-1041 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 25-1041